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Petitioner: BILLA VS Respondent: THE CENTRAL GOVERNMENT OF ISLAMIC REPUBLIC OF PAKISTAN and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title:BILLA vs THE CENTRAL GOVERNMENT OF ISLAMIC REPUBLIC OF PAKISTAN and
others Case No.: Civil Petition No,709 of 1984 Date of Judgment:1988-09-10 Reported As: 1989 SCMR 1203 Result: Leave refused Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in this petition, against the dismissal by the High Court of petitioner's restoration application against the dismissal for non- prosecution of their Civil Revision. ' There were two questions before the High Court: (1) Cause of the nonappearance at the relevant time (during the day) of the petitioner's learned counsel, on the date of hearing of the revision; and (2) the non-performance of other acts for completion including steps for service of the respondents. In so far as the first question is concerned, the explanation of the learned counsel, who appeared in the High Court on the same day at a later time, might have furnished a ground for examination. But the neglect/refusal to perform other acts for the progress of the case, in the circumstances of this case, could justifiably be made a ground for refusal to restore the revision petition. The learned Judge having applied mind to this aspect and having declined to exercise the discretion in petitioner's favour, we do not find any justification to interfere. The petitioners do not seem to have a good case on merits either. Leave to appeal is refused. .